GOVERNOR GREG ABBOTT

June 3, 2020
FILED N TH CFFCE OF THE
SECRETARY OF STATE
O’CLOCK

The Honorable Ruth R. Hughs

Secretary of State
State Capitol Room lE.8 Secretary of State
Austin, Texas 78701

Dear Secretary Hughs:

Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following:

Executive Order No. GA-26 relating to the expanded opening of Texas in

response to the COVID-19 disaster.

The original executive order is attached to this letter of transmittal.

Re :tfully submitted,

lerk to the Governor

Attachment

POST OFFICE Box 12428 AUSTIN, TEXAS 78711 512-463-2000 (VoIcE) DIAL 7-1-1 FoR RELA’ SERVICES
 3xrcufir rbrr
BY THE
GOVERNOR OF THE STATE OF TEXAS

Executive Department
Austin, Texas
June 3, 2020

EXECUTIVE ORDER
GA26

Relating to the expanded opening of Texas in response to the COVID-19 disaster.

WHEREAS, I, Greg Abbott, Governor of Texas, issued a disaster proclamation on March

13, 2020, certifying under Section 418.0 14 of the Texas Government Code that the novel
coronavirus (COVID- 19) poses an imminent threat of disaster for all counties in the
State of Texas; and

WHEREAS, in each subsequent month effective through today, I have renewed the
disaster declaration tbr all Texas counties; and

WHEREAS, the Commissioner of the Texas Department of State Health Services

(DSHS), Dr. John Hellerstedt, has determined that COVID-19 represents a public health
disaster within the meaning of Chapter 81 of the Texas Health and Safety Code; and

WHEREAS, I have issued executive orders and suspensions of Texas laws in response to
COVID-19, aimed at protecting the health and safety of Texans and ensuring an
effective response to this disaster; and

WHEREAS, I issued Executive Order GA-Os on March 19, 2020, mandating certain
social-distancing restrictions for Texans in accordance with guidelines promulgated by
President Donald J. Trump and the Centers for Disease Control and Prevention (CDC);
and

WHEREAS, I issued Executive Order GA-14 on March 31, 2020, expanding the social-
distancing restrictions for Texans based on guidance from health experts and the
President; and

WHEREAS, I subsequently issued Executive Orders GA-l6, GA-iS, GA-21, and GA-23
over the course of April and May 2020, aiming to achieve the least restrictive means of
combatting the threat to public health by continuing certain social-distancing restrictions,
while implementing a safe, strategic plan to Open Texas; and

WHEREAS, as normal business operations resume, everyone must act safely, and to that
end, this executive order and prior executive orders provide that all persons should
follow the health protocols recommended by DSHS, which whenever achieved wiLl
mean compliance with the minimum standards for safely reopening, but which should
not be used to fault those who act in good faith but can only substantially comply with
the standards in light of scarce resources and other extenuating COVID-l9
circumstances; and

WHEREAS, the “governor is responsible for meeting the dangers to the state and
...

people presented by disasters” under Section 418.011 of the Texas Government Code,

FILED IN THE OFFiCE OF THE

SECRETARY OF STATE
‘er-’ O’CLOCK

JUN 03 2020
Governor Greg Abbott Executive Order GA-26
June 3, 2020 Page 2

and the legislature has given the governor broad authority to fulfill that responsibility;
and

WHEREAS, failure to comply with any executive order issued during the COVID- 19
disaster is an offense punishable under Section 418.173 by a fine notto exceed $1,000,
and may be subject to regulatory enforcement;

NOW, THEREFORE, 1, Greg Abbott, Governor of Texas, by virtue of the power and
authority vested in me by the Constitution and laws of the State of Texas, and in
accordance with guidance from DSHS Commissioner Dr. Hellerstedt and other medical
advisors, the Governor’s Strike Force to Open Texas, the White House, and the CDC, do
hereby order the lollowtng on a statewide basis effective immediately:

Every business establishment in Texas shall operate at no more than 50 percent of

the total listed occupancy of the establishment; provided, however, that:

I. There is no occupancy limit for the following:

a. any services listed by the U.S. Department of Homeland Security’s
Cyhersecurity and Infrastructure Security Agency (CISA) in its
Guidance on the Essential Critical Infrastructure Workforce, Version
3. 1 or any subsequent version;
b. religious services conducted in churches, congregations, and houses of
worship;
c. local government operations, including county and municipal
governmental operations relating to licensing (including marriage
licenses), permitting, recordation, and document-filing services, as
determined by the local government;
d. child-care services;
e. youth camps, including but not limited to those defined as such under
Chapter 141 of the Texas Health and Safety Code, and including all
summer camps and other daytime and overnight camps for youths; and
1. recreational sports programs for youths and adults;
2. Except as provided below by paragraph number 5, this 50 percent occupancy
limit does not apply to outdoor areas, events, or establishments, except that the
following outdoor areas or outdoor venues shall operate at no more than 50
percent of the normal operating limits as determined by the owner:
a. professional, collegiate, or similar sporting events;
b. swimming pools;
c. water parks;
d. museums and libraries;
e. zoos, aquariums, natural caverns, and similar facilities; and
f. rodeos and equestrian events;
3. This 50 percent occupancy limit does not apply to the following
establishments that operate with at least six feet of social distancing between
work statiois:
a. cosmetology salons, hair salons, barber shops, nail salons/shops, and
other establishments where licensed cosmetologists or barbers practice
their trade;
h. massage establishments and other facilities where licensed massage
therapists or other persons licensed or otherwise authorized to practice
under Chapter 455 of the Texas Occupations Code practice their trade;
and
c. other personal-care and beauty services such as tanning salons, tattoo
studios, piercing studios, hair removal services, and hair loss treatment
FILED IN THE OFFICE OF THE
SEçRETARY OF STATE
O’CLOCK

JUN 03 2020
Governor Greg Abbott Exectttive Order GA-26
June 3, 2020 Page 3

and growth services;

4. Amusement parks and carnivals shall operate at no more than 50 percent of
the normal operating limits as determined by the owner, except that in
counties with more than 1 ,000 cumulative cases of COVID- 1 9, amusement
parks may not begin operating until 12:01 a.m. on June 19, 2020;
5. For any outdoor gathering estimated to be in excess of 500 people, other than
those set forth above in paragraph numbers 1, 2, or 4, the countyjudge or
mayor, as appropriate, in consultation with the local public health authority,
nmy impose additional restrictions;
6. For dine-in services by restaurants that have less than 5 1 percent of their gross
receipts from the sale of alcoholic beverages, the occupancy limit shall
increase at 12:01 a.m. on June 12, 2020, to permit such restaurants to operate
at up to 75 percent of the total listed occupancy of the restaurant;
7. For indoor bars and similar indoor establishments that are not restaurants as
defined above and that hold a permit from the Texas Alcoholic Beverage
Commission, only those customers who are seated may be served;
8. For any business establishment that is subject to a 50 percent “total listed
occupancy” limit or “normal operating limit,” and that is in a county that has
filed with DSHS, and is in compliance with, the requisite attestation form
promulgated by DSHS regarding minimal cases of COVID-19, the business
establishment may operate at up to 75 percent of the total listed occupancy or
normal operating limit of the establishment starting 12:01 a.m. on June 12,
2020;
9. For purposes of this executive order, facilities with retractable roofs are
considered indoor facilities, whether the roof is opened or closed; and
10. Staff members are not included in determining operating levels, except for
manufacturing services and office workers.

Except as provided in this executive order or in the minimum standard health

protocols recommended by DSHS, found at www.dshs.texas .gov/coronavirus,
people should not he in groups larger than ten and should maintain six feet of social
distancing from those not in their group. People over the age of 65 are strongly
encouraged to stay at home as much as possible; to maintain appropriate distance
from any member of the household who has been out of the residence in the
previous 14 days; and, if leaving the home, to implement social distancing and to
practice good hygiene, environmental cleanliness, and sanitation.

In providing or obtaining services, every person (including individuals, businesses,

and other legal entities) should use good-faith efforts and available resources to
follow the minimum standard health protocols recommended by DSHS. Nothing in
this executive order or the DSHS minimum standards precludes requiring a
customer to follow additional hygiene measures when obtaining services.
Individuals are encouraged to wear appropriate face coverings, but no jurisdiction
can impose a civil or criminal penalty for failure to wear a face covering.

People shall not visit nursing homes, state supported living centers, assisted living
facilities, or long-term care facilities unless as determined through guidance from
the Texas Health and Human Services Commission (HHSC). Nursing homes, state
supported living centers, assisted living facilities, and long-term care facilities
should follow infection control policies and practices set forth by HHSC, including
minimizing the movement of staff between facilities whenever possible.
Notwithstanding anything herein to the contrary, the governor may by proclamation
add to the list of establishments or venues that people shall avoid visiting.

FILED IN THE OFFICE OF THE

SECRETARY OF STATE
CLOCK
JUN 032020
Governor Greg Abbott Executive Order GA-26
June 3, 2020 Page 4

For the remainder of the 20 19-2020 school year, public schools may resume
operations for the summer as provided by, and under the minimum standard health
protocols found in, guidance issued by the Texas Education Agency (TEA). Private
schools and institutions of higher education are encouraged to establish similar
standards. Notwithstanding anything herein to the contrary, schools may conduct
graduation ceremonies consistent with the minimum standard health protocols
found in guidance issued by TEA.

This executive order shall supersede any conflicting order issued by local officials
in response to the COVID-19 disaster, but only to the extent that such a local order
restricts services allowed by this executive order, allows gatherings prohibited by
this executive order, or expands the list or scope of services as set forth in this
executive order. Pursuant to Section 418.0 16(a) of the Texas Government Code, I
hereby suspend Sections 418.1015(b) and 418. 108 of the Texas Government Code,
Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other
relevant statutes, to the extent necessary to ensure that local officials do not impose
restrictions in response to the COVID-19 disaster that are inconsistent with this
executive order, provided that local officials may enforce this executive order as
well as local restrictions that are consistent with this executive order.

All existing state executive orders relating to COVID- 19 are amended to eliminate
confinement in jail as an available penalty for violating the executive orders. To the
extent any order issued by local officials in response to the COVID-19 disaster
would allow confinement in jail as an available penalty for violating a COVID-l9-
related order, that order allowing confinement in jail is superseded, and 1 hereby
suspend all relevant laws to the extent necessary to ensure that local officials do not
confine people in jail for violating any executive order or local order issued in
response to the COVID-19 disaster.

This executive order supersedes Executive Order GA-23, but does not supersede
Executive Orders GA-b, GA-13, GA-17, GA-19, GA-20, GA-24, or GA-25. This
executive order shall remain in effect and in full force unless it is modified, amended,
rescinded, or superseded by the governor. This executive order may also be amended by
proclamation of the governor.

Given under my hand this the 3rd

day of June, 2020.

GREG ABBOTT
Governor

ATTEST

RIJTH R. HUGHS
Secretary of State

FILED IN THE OFFICE OF THE

JUN 03 2020